NervousOne

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About NervousOne

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    CIC Member

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    Michigan
  1. OK I'm back! I decided to take a couple days off as instructed by the wife to clear my head and spend some time with her and my little one! Its amazing the amount of time one can put into learning this stuff. I'm really hoping to see a dismissal but I'm preparing for the worse. BMC has been amazing walking me through this mess and I can't wait until its over!
  2. Sorry to keep everyone in suspense so here it goes..... The plaintiff was asked to present their case and it was the usual the defendant opened a account with Hsbc and defaulted under the terms and now the defendant now owes $xxx,Thank god it was a renta-lawyer because he didn't have much to say or he didn't bother to read my opposition. The Judge then asked if i wanted to present my case!! i was so nervouse I wasn't sure i was going to be able to speak! But i started to present my case and explained to the judge how that was not my signature on that contract and as i gave him a bit of time to compare signatures he didnt look convinced so i continued on and explained how not only was that my signature but the acct#s on the contract and the acct#s on the billing statement were completely different! Judge flipped through and compared acct#s then looked at the plaintiff and asked why the #s dont match and the plaintiff responded... I dont know! I then stated that i also asked the plaintiff during discovery these questions and they failed to respond. Judge then stated these THREE WORDS .......... summary disposition DENIED!!
  3. Did you get a chance to watch the video on this forum? It shows how a msj " could" go. Note the plaintiff seemed unprepared but none the less it might put your mind at ease. A little anyway... its titled " pro se in Arizona defending a msj", I'm on my phone or I would copy the link for you. Good luck tomorrow I will be waiting for your results!
  4. You know what bmc, you are right! I wouldn't be where I a today if it were not for your help so I will continue To follow your advice. Cach has made many procedural errors along the way also.
  5. So I'm thinking to be safe I should file a continuance, I really want to just get this done but to lose because I missed filing by one day is not worth it! What grounds for a continuation do you all think would be best? Mi rules are so confusing
  6. I sent the opposition cmrrr on the Thurs the 6 th to the plaintiff and served the opposition in person to the court on the thurs 6th so if I'm calculating correct I may be 1 day late!
  7. I think these scum bags set these hearing dates hoping no one will notice they are not giving us nearly enough time. I got mine in the mail the day before thanksgiving as they know I would be busy during that time and they could run down the clock.
  8. Thank you for clearing that up, that was what i was looking for! I think that the plaintiff is trying to pull a fast one on me! Thats fine if they bring up that i responded late with my opposition i can just bring up Rule 2.116. Also im pretty confident with the written opposition, im more worried about my speaking abilities!
  9. Ok heres the timeline. The SD has a Proof of service date from some lady being duly sworn that she sent on the 20th day of November fora notice of hearing for motion of SD. It arrived in my mailbox on the 24th. The court has my SD on file already but the plaintiff wont receive it in the mail until prob Saturday. The hearing is scheduled on DEC 12th as confirmed by the court clerk.
  10. Ok quick question,i have my hearing on the 12th of Dec, i was served the SD on the 24th of Nov. I thought i had 21 days to respond to the SD? Also the hearing should not take place until 28 days after being served the SD? The Plaintiffs gave me a mere 18 days from the day i was served the SD to the day of my Hearing. Is this proper procedure?
  11. Listen to BMC100 when he tells you to file a motion to dismiss,i wish i would have listened to him early on in my case now im battling a Summary judgment. Its worth a shot,if nothing else it may buy you more time.
  12. I have my hearing next week for MSJ, Trying to get a feel for the court room,Is this going to be a argument between Plaintiff and Defendant or is each side going to have their turn to speak? How long should i make my argument? I don't even know where to stand in the court room! I noticed at pre trial there was a booth in front of the judge and a table off to the side. How long does a MSJ usually take?
  13. BMC100 has to be the most unselfish guy i have ever met ,he has helped me day and night for an entire week pretty much putting together my oppositon for me,if it were not for Bmc i do not think i would have had it in me to continue my case. Thank you BMC100!
  14. Sell the car to a trusted outside family member for fair market value and drive it. Borrow some money from your parents and use the car as collateral and make them a new lien holder on the title. Be creative but keep it legal.
  15. Ok its going to take a bit to scan all this info,but i will get it to you asap!